Policy Text
Policy
503Fremont Police Department
Trial by Declarations
503.1 PURPOSE AND SCOPE
To outline the process for internal handling of trial declarations so that they will be accurately
completed on a timely basis and can be effectively and efficiently administered.
503.2 RULE OF COURT - TRAFFIC TRIAL BY DECLARATION
California Vehicle Code § 40901 authorizes the trial by declaration process, whereby persons
charged with Vehicle Code infractions shall have the right to submit a declaration of facts
pertaining to the charge or charges without having to appear personally for trial. The trial judge or
commissioner shall weigh the facts set forth in the defendant's declaration, and any exhibits that
may be attached, against evidence offered by the prosecution, which may include a declaration
by the charging police officer.
(a)In order for the judge to make a finding of guilty, he must be convinced that the charge
has been proven beyond a reasonable doubt. The defendant shall, as heretofore,
have the benefit of the presumption of innocence, and the burden of proving guilt shall
continue to rest with the prosecution.
(b)Persons requesting a trial by declaration shall make such request at the Office of the
Clerk of the Court within fifteen (15) days of the date on which the citation was issued.
The defendant's declaration under penalty of perjury, plus bail pursuant to the bail
schedule, must then be filed with the Clerk of the Court within fifteen (15) days after
the request for trial by declaration has been made.
(c)Offenses which are misdemeanors and charged infractions wherein an accident
involving personal injury or property damage has occurred are excluded from this rule.
503.3 FREMONT POLICE DEPARTMENT PROCEDURES RELATING TO TRIALS BY
DECLARATION
When ever an officer or employee of the city receives a request for a trial by declaration the
following procedures are to be followed.
(a)When the Fremont Police Department receives a trial by declaration request for an
officer or CSO from the FNUC Court, it will be forwarded to the subpoena records
specialist.
(b)The subpoena records specialist will log the trial by declaration request by citation
number, officer's name, and date received, and attach a copy of the citation to the
declaration.
(c)After the trial by declaration request has been logged by the subpoena records
specialist, the records specialist will forward it to the officer for completion.
Copyright Lexipol, LLC 2024/05/09, All Rights Reserved.
Published with permission by Fremont Police DepartmentTrial by Declarations - 1
Fremont Police Department
Trial by Declarations
(d)When the officer receives the trial by declaration request, he or she will immediately
fill the declaration out and return it to the Subpoena Clerk.
1.If the declaration is incomplete, it will be returned to the officer for completion.
2.If it is complete, the declaration will be forwarded to the District Attorney's office
with one additional copy.
Copyright Lexipol, LLC 2024/05/09, All Rights Reserved.
Published with permission by Fremont Police DepartmentTrial by Declarations - 2